Notices. Notice of availability of proposed records schedules; request for comments
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/register/2008/01/18/08-166A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 7050-01-P NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Records Schedules; Availability and Request for Comments AGENCY: National Archives and Records Administration (NARA). ACTION: Notice of availability of proposed records schedules; request for comments. SUMMARY: The National Archives and Records Administration
(NARA)publishes notice at least once monthly of certain Federal agency requests for records disposition authority (records schedules). Once approved by NARA, records schedules provide mandatory instructions on what happens to records when no longer needed for current Government business. They authorize the preservation of records of continuing value in the National Archives of the United States and the destruction, after a specified period, of records lacking administrative, legal, research, or other value. Notice is published for records schedules in which agencies propose to destroy records not previously authorized for disposal or reduce the retention period of records already authorized for disposal. NARA invites public comments on such records schedules, as required by 44 U.S.C. 3303a(a). DATES: Requests for copies must be received in writing on or before February 19, 2008. Once the appraisal of the records is completed, NARA will send a copy of the schedule. NARA staff usually prepare appraisal memorandums that contain additional information concerning the records covered by a proposed schedule. These, too, may be requested and will be provided once the appraisal is completed. Requesters will be given 30 days to submit comments. ADDRESSES: You may request a copy of any records schedule identified in this notice by contacting the Life Cycle Management Division
(NWML)using one of the following means: *Mail:* NARA (NWML), 8601 Adelphi Road, College Park, MD 20740-6001. *E-mail: requestschedule@nara.gov.* *FAX:* 301-837-3698. Requesters must cite the control number, which appears in parentheses after the name of the agency which submitted the schedule, and must provide a mailing address. Those who desire appraisal reports should so indicate in their request. FOR FURTHER INFORMATION CONTACT: Laurence Brewer, Director, Life Cycle Management Division (NWML), National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. Telephone: 301-837-1539. E-mail: *records.mgt@nara.gov.* SUPPLEMENTARY INFORMATION: Each year Federal agencies create billions of records on paper, film, magnetic tape, and other media. To control this accumulation, agency records managers prepare schedules proposing retention periods for records and submit these schedules for NARA's approval, using the Standard Form
(SF)115, Request for Records Disposition Authority. These schedules provide for the timely transfer into the National Archives of historically valuable records and authorize the disposal of all other records after the agency no longer needs them to conduct its business. Some schedules are comprehensive and cover all the records of an agency or one of its major subdivisions. Most schedules, however, cover records of only one office or program or a few series of records. Many of these update previously approved schedules, and some include records proposed as permanent. No Federal records are authorized for destruction without the approval of the Archivist of the United States. This approval is granted only after a thorough consideration of their administrative use by the agency of origin, the rights of the Government and of private persons directly affected by the Government's activities, and whether or not they have historical or other value. Besides identifying the Federal agencies and any subdivisions requesting disposition authority, this public notice lists the organizational unit(s) accumulating the records or indicates agency-wide applicability in the case of schedules that cover records that may be accumulated throughout an agency. This notice provides the control number assigned to each schedule, the total number of schedule items, and the number of temporary items (the records proposed for destruction). It also includes a brief description of the temporary records. The records schedule itself contains a full description of the records at the file unit level as well as their disposition. If NARA staff has prepared an appraisal memorandum for the schedule, it too includes information about the records. Further information about the disposition process is available on request. Schedules Pending 1. Department of Agriculture, Risk Management Agency (N1-258-08-1, 1 item, 1 temporary item). Records pertaining to educational agreements of the Risk Management Education office. Included are application scores, funding and financial documents, and activity logs. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 2. Department of the Army, Agency-wide (N1-AU-04-9, 2 items, 2 temporary items). Master file and outputs associated with an electronic information system used to track basic human resources data on personnel deployed to a theater of operations. Data includes personnel identifiers, assignment data, and contact information of next of kin. 3. Department of Defense, Defense Commissary Agency (N1-506-07-9, 10 items, 10 temporary items). Records in the Office of the General Counsel pertaining to legal matters. Included are correspondence, information releases, legal opinions, pecuniary charges and appeals, claims, and law enforcement reports. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 4. Department of Homeland Security, Headquarters Offices (N1-563-07-13, 14 items, 1 temporary item). Write-in campaign correspondence. Proposed for permanent retention are recordkeeping copies of Congressional reports, briefing books, correspondence, plans, policy records, scheduling records, speeches and testimonies, subject files, telephone logs, and trip books. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 5. Department of Justice, Criminal Division (N1-60-07-7, 4 items, 2 temporary items). Records of the Domestic Security Section, including duplicates of case files litigated by U.S. attorneys used for oversight purposes and general administrative files of the Section. Proposed for permanent retention are recordkeeping copies of records related to cases litigated by the Section and selected general files. 6. Department of Transportation, Federal Railroad Administration (N1-399-07-2, 1 item, 1 temporary item). Records consisting of responses to audits, evaluations, and routine investigations. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 7. Department of Transportation, Federal Railroad Administration (N1-399-07-12, 2 items, 2 temporary items). Records relating to grants and other program support agreements with Federal, state, local, and international government agencies, universities and institutions. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 8. Department of the Treasury, Internal Revenue Service (N1-58-08-1, 2 items, 2 temporary items). Correspondence with taxpayers and employers relating to the Withholding Compliance Program. This schedule revises the description and/or disposition for these records, which were previously approved for disposal. 9. Department of the Treasury, Internal Revenue Service (N1-58-08-2, 1 item, 1 temporary item). Records relating to Passive Foreign Investment Company for Tainted Removal Election (Form 8621-A) files. Included are review check sheets, activity logs, case history worksheets, document requests and other correspondence. 10. Department of the Treasury, Internal Revenue Service (N1-58-08-3, 5 items, 5 temporary items). Inputs, outputs, master files and documentation associated with an electronic information system used to record and manage all Systemic Advocacy project activities, task forces, reviews and advocacy portfolios. 11. Department of the Treasury, Internal Revenue Service (N1-58-08-4, 4 items, 4 temporary items). Inputs, outputs, electronic data, and system documentation associated with an electronic information system used to validate U.S. residency for applicants claiming benefits or exemptions relating to foreign income. 12. Department of the Treasury, Internal Revenue Service (N1-58-08-5, 1 item, 1 temporary item). Records relating to taxpayer delinquency, consisting of work requests received by secure e-mail and retained for inventory control and quality review purposes. 13. Commodity Futures Trading Commission, Office of the General Counsel (N1-180-08-1, 1 item, 1 temporary item). Attorney work papers used as background information for litigation cases, including drafts, correspondence, and interview notes. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 14. Office of Compliance, Agency-wide (N1-577-07-1, 24 items, 15 temporary items). Includes Administrative Dispute Resolution case files, forms, mediation surveys, general correspondence, and electronic case-tracking system; labor management relations case files, reviews, and forms; agency Web site; draft biennial and requestor-initiated inspections of Occupational Safety and Health Administration and Americans with Disabilities Act violations within the legislative branch; inspections of Federal Labor Relations Act violations within the legislative branch; litigation files; rulemaking files; and ethics inquiries. Proposed for permanent retention are recordkeeping copies of Executive Director's and Deputy Executive Directors' official files and standard operating procedures; educational materials; official photographs; historical documents (including annual reports); and Board of Directors' official files, final reports and decisions. Dated: January 14, 2008. Michael J. Kurtz, Assistant Archivist for Records Services—Washington, DC. [FR Doc. E8-855 Filed 1-17-08; 8:45 am] BILLING CODE 7515-01-P THE NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES Meetings of Humanities Panel AGENCY: The National Endowment for the Humanities. ACTION: Notice of meetings. SUMMARY: Pursuant to the provisions of the Federal Advisory Committee Act (Pub. L. 92-463, as amended), notice is hereby given that the following meetings of Humanities Panels will be held at the Old Post Office, 1100 Pennsylvania Avenue, NW., Washington, DC 20506. FOR FURTHER INFORMATION CONTACT: Heather C. Gottry, Acting Advisory Committee Management Officer, National Endowment for the Humanities, Washington, DC 20506; telephone
(202)606-8322. Hearing-impaired individuals are advised that information on this matter may be obtained by contacting the Endowment's TDD terminal on
(202)606-8282. SUPPLEMENTARY INFORMATION: The proposed meetings are for the purpose of panel review, discussion, evaluation and recommendation on applications for financial assistance under the National Foundation on the Arts and the Humanities Act of 1965, as amended, including discussion of information given in confidence to the agency by the grant applicants. Because the proposed meetings will consider information that is likely to disclose trade secrets and commercial or financial information obtained from a person and privileged or confidential and/or information of a personal nature the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, pursuant to authority granted me by the Chairman's Delegation of Authority to Close Advisory Committee meetings, dated July 19, 1993, I have determined that these meetings will be closed to the public pursuant to subsections (c)(4), and
(6)of section 552b of Title 5, United States Code. 1. *Date:* February 4, 2008. *Time:* 8:30 a.m. to 5 p.m. *Room:* 315. *Program:* This meeting will review applications for Archaeology: Old World in Collaborative Research, submitted to the Division of Research Programs, at the November 1, 2007 deadline. 2. *Date:* February 5, 2008. *Time:* 8:30 a.m. to 5 p.m. *Room:* 315. *Program:* This meeting will review applications for American Studies in Collaborative Research, submitted to the Division of Research Programs, at the November 1, 2007 deadline. 3. *Date:* February 6, 2008. *Time:* 8:30 a.m. to 5 p.m. *Room:* 315. *Program:* This meeting will review applications for Literature, the Arts, and Religion in Collaborative Research, submitted to the Division of Research Programs, at the November 1, 2007 deadline. 4. *Date:* February 7, 2008. *Time:* 8:30 a.m. to 5 p.m. *Room:* 315. *Program:* This meeting will review applications for Philosophy and Science in Collaborative Research, submitted to the Division of Research Programs, at the November 1, 2007 deadline. 5. *Date:* February 7, 2008. *Time:* 9 a.m. to 5:30 p.m. *Room:* 421. *Program:* This meeting will review applications for Public Programming Institutions, submitted to the Office of Challenge Grants, at the November 1, 2007 deadline. 6. *Date:* February 11, 2008. *Time:* 8:30 a.m. to 5 p.m. *Room:* 315. *Program:* This meeting will review applications for Music, Literature, Philosophy, and Religion in Scholarly Editions, submitted to the Division of Research Programs, at the November 1, 2007 deadline. 7. *Date:* February 12, 2008. *Time:* 9 a.m. to 5:30 p.m. *Room:* 421. *Program:* This meeting will review applications for Colleges, Universities, & Research Institutions, submitted to the Office of Challenge Grants, at the November 1, 2007 deadline. 8. *Date:* February 12, 2008. *Time:* 8:30 a.m. to 5 p.m. *Room:* 315. *Program:* This meeting will review applications for European Studies in Collaborative Research, submitted to the Division of Research Programs, at the November 1, 2007 deadline. 9. *Date:* February 13, 2008. *Time:* 8:30 a.m. to 5 p.m. *Room:* 315. *Program:* This meeting will review applications for Africa and Asia in Collaborative Research, submitted to the Division of Research Programs, at the November 1, 2007 deadline. 10. *Date:* February 15, 2008. *Time:* 8:30 a.m. to 5 p.m. *Room:* 315. *Program:* This meeting will review applications for American History in Scholarly Editions, submitted to the Division of Research Programs, at the November 1, 2007 deadline. 11. *Date:* February 19, 2008. *Time:* 8:30 a.m. to 5 p.m. *Room:* 315. *Program:* This meeting will review applications for American and British Literature in Scholarly Editions, submitted to the Division of Research Programs, at the November 1, 2007 deadline. 12. *Date:* February 26, 2008. *Time:* 9 a.m. to 5 p.m. *Room:* 415. *Program:* This meeting will review applications for Stabilization 1 in Preservation and Access Grants for Stabilizing Humanities Collections, submitted to the Division of Preservation and Access, at the October 10, 2007 deadline. Heather C. Gottry, Acting Advisory Committee, Management Officer. [FR Doc. E8-834 Filed 1-17-08; 8:45 am] BILLING CODE 7536-01-P NUCLEAR REGULATORY COMMISSION Geologic Repository Operations Area Security and Material Control and Accounting Requirements; Meeting Cancellation AGENCY: Nuclear Regulatory Commission. ACTION: Cancellation of Public Meeting. SUMMARY: The Nuclear Regulatory Commission
(NRC)is issuing this notice to announce cancellation of the public meeting scheduled for January 23, 2008, in Las Vegas, Nevada, and announced in the **Federal Register** December 31, 2007 (72 FR 74352). The purpose of the meeting was to solicit public comments on a proposed rule on Geologic Repository Operations Area Security and Material Control and Accounting Requirements that was published for public comment (72 FR 72522; December 20, 2007). This meeting will not be rescheduled. NRC will still accept public comments on the proposed rule during the comment period; comments may be mailed to the NRC or submitted via fax or e-mail. DATES: The meeting cancelled by this notice was scheduled for January 23, 2008 from 3 p.m. to 7 p.m. ADDRESSES: The meeting was to have been held in the NRC Hearing Facility at the Pacific Enterprise Plaza, Building One, 3250 Pepper Lane, Las Vegas, NV 89120. FOR FURTHER INFORMATION CONTACT: Merri Horn, telephone
(301)415-8126, e-mail, *mlh1@nrc.gov* of the Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARY INFORMATION: The public meeting scheduled for January 23, 2008, for the purpose of obtaining stakeholder comments on the Geologic Repository Operations Area Security and Material Control and Accounting Requirements Proposed Rule has been cancelled and will not be rescheduled. The NRC is cancelling this meeting as we are evaluating the implications of NRC's fiscal year 2008 appropriation from Congress for NRC's high-level radioactive waste program. The public may still submit comments on the proposed rule. The proposed rule is available via the Federal eRulemaking Portal *http://www.regulations.gov* . Dated at Rockville, Maryland, this 11th day of January, 2008. For the Nuclear Regulatory Commission. Dennis K. Rathbun, Director, Division of Intergovernmental Liaison and Rulemaking, Office of Federal and State Materials and Environmental Management Programs. [FR Doc. E8-873 Filed 1-17-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Mitsubishi Heavy Industries, LTD.; Notice of Receipt of Application for Design Certification of the US-APWR Notice is hereby given that the Nuclear Regulatory Commission (NRC, the Commission) has received an application from Mitsubishi Heavy Industries (MHI), Ltd. Dated December 31, 2007, filed pursuant to section 103 of the Atomic Energy Act and Title 10 of the *Code of Federal Regulations* (10 CFR) part 52, for standard design certification of the US-APWR Standard Plant Design. The US-APWR design is an approximately 1,700 megawatts electric, four-loop, advanced pressurized water reactor (APWR). MHI developed the US-APWR based on technologies for a 1,538 megawatts electric APWR planned for use in Japan. The US-APWR is based on the latest technologies to improve plant efficiency, reduce plant building volume, and provide a 24-month fuel cycle. The US-APWR application includes the entire power generation complex, except those elements and features considered site-specific. The acceptability of the tendered application for docketing and other matters relating to the requested rulemaking pursuant to 10 CFR 52.51 for design certification, including provisions for participation of the public and other parties, will be the subject of subsequent **Federal Register** notices. A copy of the application will be available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html* . The accession number for the application is ML080020070. Future publicly available documents related to the application will also be posted in ADAMS. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC Public Document Room Reference staff by telephone at 1-800-397-4209, 301-415-4737 or by e-mail to *pdr@nrc.gov* . Dated at Rockville, Maryland, this 14th day of January 2008. For the Nuclear Regulatory Commission. Jeffrey A. Ciocco, Sr. Project Manager, US-APWR Projects Branch, Division of New Reactor Licensing, Office of New Reactors. [FR Doc. E8-872 Filed 1-17-08; 8:45 am] BILLING CODE 7590-01-P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Generalized System of Preferences (GSP): Notice Regarding the Initiation of Child Labor Review in the Production of Certain GSP-Eligible Hand-Loomed or Hand-Hooked Carpets AGENCY: Office of the United States Trade Representative. ACTION: Notice. SUMMARY: The 2004 Miscellaneous Trade and Technical Corrections Act (H.R. 1047) (the “2004 Act”), as approved by Congress, authorized the President to designate seven tariff lines relating to carpets (5702.51.20 (now 5702.50.20), 5702.91.30, 5702.92.00 (now 5702.92.10), 5702.99.10 (now 5702.99.05), 5703.10.00 (now 5703.10.20), 5703.20.10, and 5703.30.00 (now 5703.30.20)) as eligible for duty-free treatment under the GSP program. These tariff lines cover certain hand-loomed or hand-hooked carpets and other textile floor coverings made of wool, cotton, fine animal hair, or man-made textile materials. Pursuant to the authorization in the 2004 Act, the President designated these seven tariff lines as eligible for duty-free treatment under the GSP program. The GSP Subcommittee of the Trade Policy Staff Committee
(TPSC)is conducting a triennial review of whether each beneficiary country is taking steps to eliminate the worst forms of child labor, including the use of bonded child labor, in the production of such carpets imported under the U.S. GSP program. If sufficient steps are not underway, the TPSC will recommend to the President changes in GSP coverage that would eliminate from duty-free treatment under the GSP program those carpets found to be made with the worst forms of child labor. FOR FURTHER INFORMATION CONTACT: The GSP Subcommittee of the TPSC, Office of the United States Trade Representative (USTR), 1724 F Street, NW., Room F-220, Washington, DC 20508. The telephone number is
(202)395-6971. SUPPLEMENTARY INFORMATION: In connection with the President's designation of seven carpet tariff lines as GSP eligible articles, the GSP Subcommittee of the TPSC is reviewing whether each beneficiary country that supplies the identified hand-loomed or hand-hooked carpets under the GSP program is taking sufficient steps to eliminate the worst forms of child labor, including the use of bonded child labor, in the production of these items. The top suppliers of these carpet tariff lines under the GSP program to the United States in 2006 (the most recent year for which full-year data are available) were: India, Thailand, Philippines, Indonesia, Pakastan, Egypt, Turkey, South Africa, and Nepal. Upon a finding during the review that a country is not taking steps to eliminate the worst forms of child labor, including the use of bonded child labor, in production of certain hand-loomed or hand-hooked carpets imported under the U.S. GSP Program, the TPSC will recommend changes in the GSP coverage that would eliminate those carpets from duty-free treatment under the GSP program. The review will be repeated at three-year intervals. For purposes of this review, the term “worst forms of child labor” means (19 U.S.C. 2467(6))
(A)All forms of slavery or practices similar to slavery, such as the sale or trafficking of children, debt bondage and serfdom, or forced or compulsory labor, including forced or compulsory recruitment of children for use in armed conflict;
(B)The use, procuring, or offering of a child for prostitution, for the production of pornography or for pornographic purposes;
(C)The use, procuring, or offering of a child for illicit activities in particular for the production and trafficking of drugs; and
(D)Work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety, or morals of children. The work referred to in subparagraph
(D)shall be determined by the laws, regulations, or competent authority of the beneficiary developing country involved. *Opportunities for Public Comment and Inspection of Comments:* The GSP Subcommittee of the TPSC invites comments for this review. Submissions should comply with 15 CFR Part 2007, except as modified below. All submissions should identify the subject article(s) in terms of the country and the eight-digit Harmonized Tariff Schedule of the United States subheading number. The deadline for submission is February 15, 2008. *Requirements for Submissions:* In order to facilitate prompt processing of submissions, USTR requires electronic e-mail submissions in response to this notice. Hand-delivered submissions will not be accepted. These submissions should be single-copy transmissions in English, and including attachments, with the total submission not to exceed 25 single-spaced standard letter-size pages in 12-point type and three megabytes as sent as a digital file attached to an e-mail transmission. E-mail submissions should use the following subject line: “Child Labor Review in the Production of Certain GSP-Eligible Hand-loomed or Hand-hooked Carpet Lines” followed by the country and the eight-digit HTSUS subheading number. Documents must be submitted in English in one of the following formats: WordPerfect (.WPD), Adobe (.PDF), MSWord (.DOC), or text (.TXT) files. Documents cannot be submitted as electronic image files or contain embedded images, *e.g.,* “.JPG”, “.TIF”, “.BMP”, or “.GIF”. Supporting documentation submitted as spreadsheets are acceptable as Excel files, formatted for printing on 8 1/2 x 11 inch paper. To the extent possible, any data attachments to the submission should be included in the same file as the submission itself, and not as separate files. If the submission contains business confidential information, a non-confidential version of the submission must also be submitted that indicates where confidential information was redacted by inserting asterisks where material was deleted. In addition, the confidential submission must be clearly marked “BUSINESS CONFIDENTIAL” at the top and bottom of each page of the document. The non-confidential version must also be clearly marked at the top and bottom of each page (either “PUBLIC VERSION” or “NON-CONFIDENTIAL”). Documents that are submitted without any marking might not be accepted or will be considered public documents. For any document containing business confidential information submitted as an electronic attached file to an e-mail transmission, the file name of the business confidential version should begin with the characters “BC-”, and the file name of the public version should begin with the characters “P-”. The “P-” or “BC-” should be followed by the name of the party (government, company, union, association, etc.) which is making the submission. E-mail submissions should not include separate cover letters or messages in the message area of the e-mail; information that might appear in any cover letter should be included directly in the attached file containing the submission itself, including the sender's name, organization name, address, telephone number and e-mail address. The e-mail address for these submissions is *FR0081@USTR.EOP.GOV* . ( **Note:** The letters “FR” in the e-mail address are followed by the number, zero, not a letter. Documents not submitted in accordance with these instructions might not be considered in this review. If unable to provide submissions by e-mail, please contact the GSP Subcommittee to arrange for an alternative method of transmission.) Public versions of all documents relating to this review will be available for review approximately two weeks after the relevant due date by appointment in the USTR public reading room, 1724 F Street, NW., Washington, DC. Appointments may be made from 9:30 a.m. to noon and 1 p.m. to 4 p.m., Monday through Friday, by calling
(202)395-6186. Marideth Sandler Executive Director, Generalized System of Preferences, Office of the U.S. Trade Representative. [FR Doc. E8-905 Filed 1-17-08; 8:45 am] BILLING CODE 3190-W8-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57141; File No. SR-CBOE-2007-147] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change and Amendment No. 1 Thereto Relating to Extension of the iShares Russell 2000 Index Fund
(IWM)Option Pilot Program January 14, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on December 11, 2007, the Chicago Board Options Exchange, Incorporated (“Exchange” or “CBOE”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared substantially by the Exchange. On January 8, 2008, CBOE filed Amendment No. 1 to the proposed rule change. The Exchange filed the proposal as a “non-controversial” proposed rule change pursuant to Section 19(b)(3)(A) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 which renders the proposal effective upon filing with the Commission. 5 The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b-4(f)(6). 5 CBOE gave the Commission written notice of its intent to file the proposed rule change on November 28, 2007. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to extend an existing pilot program that increases the position and exercise limits for options on the iShares Russell 2000 Index Fund (“IWM options”) traded on the Exchange (“IWM Option Pilot Program”). The text of the proposed rule change is available at *http://www.cboe.org/Legal,* the Exchange's principal office, and the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose The IWM Option Pilot Program provides for increased position and exercise limits for IWM options traded on the Exchange. 6 Specifically, the IWM Option Pilot Program increases the position and exercise limits for IWM option from 250,000 contracts to 500,000 contracts. 7 6 The proposal that established the IWM Option Pilot Program was effective and operative upon filing. *See* Securities Exchange Act Release No. 55176 (January 25, 2007), 72 FR 4741 (February 1, 2007) (SR-CBOE-2007-08). The IWM Option Pilot Program was extended, and is due to expire on January 18, 2008. *See* Securities Exchange Act Release No. 55926 (June 20, 2007), 72 FR 35275 (June 27, 2007) (SR-CBOE-2007-61). 7 Exercise limits for IWM options are equivalent to the position limits prescribed for IWM options in Rule 4.11.07 and the increased exercise limits are only in effect during the IWM Option Pilot Period. *See* Rule 4.12.02. The purpose of the instant proposed rule change is to extend the IWM Option Pilot Program through March 1, 2008. The Exchange is not proposing any other change to the IWM Option Pilot Program. The Exchange believes that extending the IWM Pilot Program is warranted due to the positive feedback received from market participants and for the reasons cited in the original proposed rule changes that proposed the adoption of the IWM Pilot Program. Also, the Exchange has not encountered any problems or difficulties relating to the IWM Option Pilot Program since its inception. For these reasons, the Exchange proposes to extend the IWM Option Pilot Program for the aforementioned additional period. 2. Statutory Basis The Exchange believes the proposed rule change is consistent with the requirements provided under Section 6(b)(5) of the Act, 8 which requires that the rules of an exchange be designed to promote just and equitable principles of trade, to prevent fraudulent and manipulative acts, and, in general, to protect investors and the public interest. 8 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition CBOE does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not
(i)significantly affect the protection of investors or the public interest;
(ii)impose any significant burden on competition; and
(iii)become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, provided that the self-regulatory organization has given the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change or such shorter time as designated by the Commission, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 9 and Rule 19b-4(f)(6) thereunder. 10 9 15 U.S.C. 78s(b)(3)(A). 10 17 CFR 240.19b-4(f)(6). CBOE has requested the Commission to waive the 30-day operative delay so that the proposal may become operative immediately upon filing. The Commission hereby grants CBOE's request 11 and believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest. The Commission notes that the IWM Option Pilot Program was previously extended. In addition, waiver of the 30-day operative period would allow the IWM Option Pilot Program to continue uninterrupted. 11 For purposes only of waiving the 30-day operative delay, the Commission has considered the proposal's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 12 12 For purposes of calculating the 60-day period within which the Commission may summarily abrogate the proposed rule change under Section 19(b)(3)(C) of the Act, the Commission considers the period to commence on January 8, 2008, the date on which the Exchange filed Amendment No. 1. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-CBOE-2007-147 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-CBOE-2007-147. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the CBOE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-CBOE-2007-147 and should be submitted on or before February 8, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 13 13 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-861 Filed 1-17-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57137; File No. SR-CHX-2007-24] Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Notice of Filing of a Proposed Rule Change as Modified by Amendment No. 1 Thereto Relating to the Handling of Clearly Erroneous Transactions January 14, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on October 4, 2007, the Chicago Stock Exchange, Inc. (“CHX” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange. On January 7, 2008, the CHX submitted Amendment No. 1 to the proposed rule change. The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend its rules regarding the handling of “clearly erroneous” and other transactions. The text of the proposed rule change is available at the Exchange, the Commission's Public Reference Room, and *http://www.chx.com.* II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange states that its rules currently allow the Exchange to cancel a trade, or modify the terms of a trade, when the terms of the trade are determined to be “clearly erroneous” or when other circumstances (including a CHX systems problem) require that that action be taken for the maintenance of a fair and orderly market or the protection of investors and the public interest. 3 The Exchange notes that other exchanges have similar rules. 4 3 *See* CHX Rules, Article 20, Rule 10 (“Handling Clearly Erroneous Transactions” and Rule 11 (“Systems Disruptions and Malfunctions”). 4 *See, e.g.* , Nasdaq Rule 11890 (“Clearly Erroneous Transactions”); NYSE Arca Equities Rule 7.10 (“Clearly Erroneous Transactions”). The Exchange states that as it has gained experience in the operation of these rules, it has identified, and is now proposing, several changes to the rules' provisions. First, the Exchange seeks to extend, from 15 to 30 minutes, the time for filing an initial written request for review of a potentially “clearly erroneous” trade. As part of this change, the Exchange would also eliminate the arguably duplicative requirement that a participant also notify the Exchange by telephone of its intent to seek review. Together, the Exchange believes that these changes would streamline the process for filing a review request under these rules. 5 5 The Exchange notes that extending the time for filing a complaint to 30 minutes is consistent with the rules of at least one other exchange. *See* Nasdaq Rule 11890(a)(2)(A)(ii) (giving members 30 minutes to submit written complaints for transactions that are executed before 9:30 a.m. (Eastern Time) and at or after 10 a.m. (Eastern Time)). Additionally, the Exchange would establish specific thresholds for determining whether or not the terms of a transaction are eligible for review under the clearly erroneous rules. Under these thresholds, a trade would be found to be eligible for review if:
(a)For a trade where the price per share is less than $1.00, the execution price is 20% or more away from the midpoint of the national best bid and offer (“NBBO”); or
(b)for a trade where the price per share is equal to or greater than $1.00, the execution price is 10% or more away from the midpoint of the NBBO. The Exchange believes that these easily applied standards set reasonable thresholds for determining whether or not a transaction should be eligible for review. 6 6 These eligibility requirements would only apply to trades for regular-way settlement during regular trading hours. *See* Proposed CHX Article 20, Rule 10(b). Among other things, the application of these standards would give participants certainty about whether or not a particular transaction would be eligible for review under the clearly erroneous rules and would allow the Exchange to focus its resources on addressing situations where more significant harm has potentially occurred. Another proposed change to the CHX's rules would eliminate one of the two levels of appeal that can be taken from an initial Exchange determination that the terms of a trade should be modified or that the trade should be cancelled. 7 Under the existing rule, the Exchange's initial decision may be appealed to a subcommittee of the Committee on Exchange Procedure and the subcommittee's decision may be appealed, in turn, to the full Committee on Exchange Procedure. 8 Through this filing, the Exchange proposes to eliminate the appeal to the full Committee. The Exchange believes that its proposal brings the Exchange's procedures in line with those in other markets. 9 7 *See* Proposed Article 20, Rule 10(d). The Exchange also would make corresponding changes to Article 2, Rule 5, relating to appellate rights arising from subcommittee decisions, to confirm that the decision of the subcommittee is final and that the Exchange's initial decision is not stayed pending any appeal to the subcommittee. 8 A subcommittee of the Committee on Exchange Procedure is composed of members of the full Committee on Exchange Procedure. 9 *See* Nasdaq Rule 11890(c) (providing for an appeal to the Market Operations Review Committee); NYSE Arca Rule 7.10(c)(2) (providing for an appeal to the Clearly Erroneous Execution Panel). The Exchange amended its original filing to, among other things, include changes to Article 2, Rule 5, to ensure that this rule language is consistent with the changes proposed in Article 20; describe the composition of a subcommittee of the Committee on Exchange Procedure; and make other more minor adjustments to the rule text. Additional descriptions were added to the narrative, as appropriate, to address changes that were made to the rule text. Finally, the Exchange would be given the discretion, in situations where it is acting on its own initiative to respond to systems disruptions or extraordinary market conditions or other circumstances, to determine that the number of affected transactions is such that immediate finality is necessary to maintain a fair and orderly market and to protect investors and the public interest. This determination would provide certainty to participants whose transactions were affected by decisions in these unusual situations. 10 10 The Exchange notes that other markets have included a similar provision in their rules. *See* Nasdaq Rule 11890(c)(1); NYSE Arca Rule 7.10(c)(2). 2. Statutory Basis The Exchange believes the proposed rule change is consistent with Section 6(b) of the Act, 11 in general, and furthers the objectives of Section 6(b)(5) of the Act, 12 in particular, in that it is designed to promote just and equitable principles of trade, remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest enhancing, in certain circumstances, a participant's opportunity to make an initial request for review of a transaction he believes to be “clearly erroneous” and allowing the Exchange to more efficiently respond to requests that are made. 11 15 U.S.C. 78f(b). 12 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others No written comments were solicited or received by the Exchange with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period
(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding, or
(ii)as to which the Exchange consents, the Commission will: A. By order approve the proposed rule change or B. Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-CHX-2007-24 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-CHX-2007-24. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 am and 3 pm. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-CHX-2007-24 and should be submitted on or before February 8, 2008. 13 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 13 Florence E. Harmon, Deputy Secretary. [FR Doc. E8-831 Filed 1-17-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57140; File No. SR-CHX-2007-23] Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Order Approving a Proposed Rule Change To Allow the Exchange To Open at 8:30 a.m. (Chicago Time) Without Regard to the Opening on the Primary Market January 14, 2008. I. Introduction On October 2, 2007, the Chicago Stock Exchange, Inc. (“CHX” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 a proposed rule change to allow the Exchange to open at 8:30 a.m. (Chicago time) without regard to the opening on the primary market. To accommodate its implementation schedule for this proposal, the Exchange extended the time for Commission action to January 14, 2008. The **Federal Register** published the proposed rule change for comment on November 1, 2007. 3 The Commission received no comments on the proposal. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 Securities Exchange Act Release No. 56698 (October 24, 2007), 72 FR 61919. II. Description Under existing rules, the Exchange generally opens for trading in a security once the primary market has done so. 4 If the primary market announces that it will not open, or if the primary market has delayed its opening for reasons other than a regulatory halt, the rules permit two senior CHX officials to open the market. 5 The Exchange has proposed to amend its rules to permit trading to begin at 8:30 a.m. (Chicago time), except for trading in specified exchange-traded funds, which would begin at 7:20 a.m. (Chicago time). 6 4 *See* CHX Rules, Article 20, Rule 1(b). 5 *See* CHX Rules, Article 20, Interpretation and Policy .01. 6 *See* Proposed CHX Rules, Article 20, Rule 1(b). The Exchange represents that Exchange-traded funds that begin trading at 7:20 a.m. would be announced, from time to time, by the Exchange in a customer service notification or other type of update. The only exchange-traded fund currently trading at 7:20 a.m. is the streetTRACKS ® Gold Trust. Telephone conversation between Ellen Neely, President and General Counsel, CHX, Richard Holley III, Senior Special Counsel, Division of Market Regulation (“Division”), Commission, and Sonia Trocchio, Special Counsel, Division, Commission (October 18, 2007). In conjunction with this change to the opening time of the Exchange's market, the Exchange also proposes two other changes to its rules. First, the Exchange would eliminate the opening cross order type. According to the Exchange, these cross orders, which are designed to execute at the primary market opening price, likely could no longer be effectively executed on the Exchange, once the proposed change is made to the time of the Exchange's opening. 7 In addition, the Exchange would add a new rule that prevents immediate or cancel (“IOC”) market orders from being accepted until either
(i)the primary market in a security has opened trading in that security or
(ii)two senior officers of the Exchange have determined that it is appropriate for the Exchange to accept IOC market orders. 8 The Exchange states that this change is designed to prevent market orders from being executed at prices that are far away from the primary market opening price, when that market ultimately opens. 7 If the Exchange's systems allow its participants to begin trading before the primary market opens trading in a particular security, an opening cross order (which must execute at the primary market opening price) might violate the protected quotations of other markets. To avoid this potential result, the Exchange believes that it is appropriate to eliminate this order type. 8 *See* Proposed CHX Rules, Article 1, Rule 2(n) and Article 20, Rule 4(b)(13). For purposes of this rule, another exchange would be considered to have opened for trading in a security when the first trade in that security occurs in that market on or after 8:30 a.m. The Exchange has stated that two senior officers of the Exchange might decide that it is appropriate to allow IOC market orders to be accepted if, for example, the primary market has announced that it will open later than expected, but other markets are open to provide additional liquidity. Telephone conversation between Ellen Neely, President and General Counsel, CHX, Richard Holley III, Senior Special Counsel, Division, Commission, and Sonia Trocchio, Special Counsel, Division, Commission (October 18, 2007). III. Discussion After careful review, the Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange. 9 In particular, the Commission finds that the proposal is consistent with Section 6(b)(5) of the Act, 10 which requires, among other things, that a national securities exchange's rules be designed to promote just and equitable principles of trade, to remove impediments to and to perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. Previously, the Exchange opened for trading in a security once the primary market had opened in that security. The Exchange now proposes to permit trading to begin at 8:30 a.m. Chicago time (9:30 a.m. Eastern time), without regard to the whether the primary market opened in that security. The Commission believes that this proposed change is consistent with the Act and does not raise any new regulatory issues. Further, the proposal is consistent with the definition of “regular trading hours” under Rule 600(b)(64) of the Act. 11 In addition, the Exchange has proposed a related change to eliminate the opening cross order type, which executes at the primary market opening price. As the Exchange will no longer link its opening to the primary market, the Commission believes that eliminating the cross order type is consistent with the Act as it eliminates the potential for those order types to violate the protected quotations of other markets. Finally, the Exchange's proposal to prevent IOC market orders from being accepted until the primary market opens in that security or two senior officers of the Exchange otherwise determine that it is appropriate to accept such orders is likewise consistent with the Act and the protection of investors and the public interest and should allow IOC market orders entered on CHX to be executed at prices that are closely related to the primary market opening price. 9 In approving this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). 10 15 U.S.C. 78f(b)(5). 11 17 CFR 242.600(b)(64). IV. Conclusion *It is therefore ordered,* pursuant to Section 19(b)(2) of the Act, 12 that the proposed rule change (SR-CHX-2007-23) is approved. 12 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 13 13 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-860 Filed 1-17-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57133; File No. SR-FINRA-2007-038] Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Delay Implementation of Certain Rule Changes Approved in SR-NASD-2005-146 January 11, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (”Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on December 21, 2007, Financial Industry Regulatory Authority, Inc. (“FINRA”) (f/k/a National Association of Securities Dealers, Inc. (“NASD”)) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II and III below, which Items have been substantially prepared by FINRA. FINRA filed the proposal as a “non-controversial” proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 which renders it effective upon filing with the Commission. 5 The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(iii). 4 17 CFR 240.19b-4(f)(6). 5 FINRA has requested that the Commission waive the 5 day pre-filing notice and 30-day operative delay required by Rule 19b-4(f)(6)(iii), 17 CFR 240.19b-4(f)(6)(iii). *See* discussion *infra* Section III. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change FINRA is proposing to delay the final implementation date of the rule changes approved in SR-NASD-2005-146, 6 which is currently scheduled for January 14, 2008, until 60 days after Commission approval of SR-NASD-2007-041. 6 *See* Securities Exchange Act Release No. 55351 (February 26, 2007), 72 FR 9810 (March 5, 2007) (order approving SR-NASD-2005-146). *See also* NASD Notice to Members 07-19 (April 2007) (announcing the effective date of the rule changes in SR-NASD-2005-146). II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, FINRA included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. FINRA has prepared summaries, set forth in Sections A, B, and C below, of the most significant parts of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. *Purpose* On February 26, 2007, the Commission approved SR-NASD-2005-146, which, among other things, amended IM-2110-2 7 to expand the scope to apply to OTC equity securities and modify the minimum price-improvement standards for securities trading in decimals. The amendments relating to OTC equity securities and the minimum price-improvement provisions are scheduled to become effective on January 14, 2008. 8 7 Currently, IM-2110-2 generally prohibits a member from trading for its own account in an exchange-listed security at a price that is equal to or better than an unexecuted customer limit order in that security, unless the member immediately thereafter executes the customer limit order at the price at which it traded for its own account or better. 8 *See* Securities Exchange Act Release No. 56822 (November 20, 2007), 72 FR 67326 (November 28, 2007) (notice of filing and immediate effectiveness of SR-FINRA-2007-023). On June 27, 2007, FINRA filed a proposed rule change (SR-NASD-2007-041) to amend the minimum price-improvement standards in IM-2110-2 that were approved as part of SR- NASD-2005-146. 9 FINRA has proposed to implement the changes in SR-NASD-2007-041 on the final implementation date of SR-NASD-2005-146. SR-NASD-2007-041 remains pending at the Commission. 9 *See* File No. SR-NASD-2007-041. To provide additional time for the Commission to consider and act upon the proposed changes in SR-NASD-2007-041 and, if SR-NASD-2007-041 is approved, allow firms sufficient time to make the required technological changes to implement the proposed changes in SR-NASD-2007-041, FINRA is proposing that the final implementation date of SR-NASD-2005-146 currently scheduled for January 14, 2008 be delayed until 60 days after Commission approval of SR-NASD-2007-041. 10 In doing so, the proposed minimum price-improvement provisions in SR-NASD-2007-041, if approved, would become effective on the final implementation date of SR-NASD-2005-146. FINRA will announce the final implementation date of SR-NASD-2005-146 and the effective date of the changes in SR-NASD-2007-041 in a *Regulatory Notice* . FINRA has filed the proposed rule change for immediate effectiveness. FINRA proposes to implement the proposed rule change as described herein. 10 Certain other rule changes that were approved as part of SR-NASD-2005-146 became effective on July 26, 2007 and are not effected by this proposed rule change. See FINRA Member Alert dated June 20, 2007. 2. Statutory Basis FINRA believes that the proposed rule change is consistent with the provisions of Section 15A(b)(6) of the Act, 11 which requires, among other things, that FINRA rules be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest. FINRA believes that the proposed rule change is consistent with the provisions of the Act noted above because extending the final implementation date of SR-NASD-2005-146 will ensure that the Commission has adequate time to act on the proposed changes in SR-NASD-2007-041 and, if SR-NASD-2007-041 is approved, ensure firms have sufficient time to make the necessary changes to comply with the new price-improvement standards. 11 15 U.S.C. 78o-3(b)(6). B. Self-Regulatory Organization's Statement on Burden on Competition FINRA does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not:
(1)Significantly affect the protection of investors or the public interest;
(2)impose any significant burden on competition; and
(3)become operative for thirty days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, it has become effective pursuant to Section 19(b)(3)(A) of the Act 12 and Rule 19b-4(f)(6) 13 thereunder. 14 12 15 U.S.C. 78s(b)(3)(A). 13 17 CFR 240.19b-4(f)(6). 14 FINRA has requested that the Commission waive the requirement that it provide the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date on which FINRA filed the proposed rule change pursuant to Rule 19b-4(f)(6)(iii). The Commission hereby grants this request. *See* 17 CFR 240.19b-4(f)(6)(iii). A proposed rule change filed under Commission Rule 19b-4(f)(6) 15 normally does not become operative prior to thirty days after the date of filing. FINRA requests that the Commission waive the 30-day operative delay, as specified in Rule 19b-4(f)(6)(iii), and designate the proposed rule change to become operative immediately to allow FINRA to delay the implementation date of SR-NASD-2005-146 currently scheduled for January 14, 2008 until 60 days after Commission approval of SR-NASD-2007-041. The Commission believes that waiving the 30-delay operative date is consistent with the protection of investors and the public interest because it would allow FINRA to delay immediately the implementation date of SR-NASD-2005-146, which is currently scheduled to become operative on January 14, 2008. For these reasons, the Commission designates the proposed rule change as operative upon filing. 16 15 17 CFR 240.19b-4(f)(6). 16 For the purposes only of waiving the operative date of this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). At any time within 60 days of the filing of such proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in the furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-FINRA-2007-038 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-FINRA-2007-038. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of FINRA. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-FINRA-2007-038 and should be submitted on or before February 8, 2008. 17 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 17 Florence E. Harmon, Deputy Secretary. [FR Doc. E8-829 Filed 1-17-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57142; File No. SR-NFA-2007-07] Self-Regulatory Organizations; National Futures Association; Notice of Filing and Immediate Effectiveness of Proposed Amendments to Compliance Rules 2-7 and 2-30 and the Interpretive Notices Entitled “NFA Compliance Rule 2-4: Confidentiality Language in Release Agreements,” “Compliance Rule 2-9: Enhanced Supervisory Requirements,” “Compliance Rule 2-9: Special Supervisory Requirements for Members Registered as Broker-Dealers Under Section 15(b)(11) of the Securities Exchange Act of 1934,” “NFA Compliance Rule 2-37: Fair Commissions,” “NFA Compliance Rules 2-7 and 2-24 and Registration Rule 401: Proficiency Requirements for Security Futures Products,” and “NFA Compliance Rule 2-30(b): Risk Disclosure Statement for Security Futures Contracts” January 14, 2008. Pursuant to Section 19(b)(7) of the Securities Act of 1934 (“Act”), 1 and Rule 19b-7 under the Act, 2 notice is hereby given that on December 7, 2007, National Futures Association (“NFA”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change described in Items I, II, and III below, which Items have been substantially prepared by NFA. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. NFA also has filed the proposed rule change with the Commodity Futures Trading Commission (“CFTC”). 1 15 U.S.C. 78s(b)(7). 2 17 CFR 240.19b-7. NFA, on December 5, 2007, requested that the CFTC make a determination that review of the proposed rule change of NFA is not necessary. By letter dated December 17, 2007, the CFTC notified NFA of its determination not to review the proposed rule change. 3 3 *See* letter from Lawrence B. Patent, Deputy Director, CFTC, to Thomas W. Sexton, III, General Counsel, NFA (“Letter”). I. Self-Regulatory Organization's Description of the Proposed Rule Change In July 2007, the New York Stock Exchange merged its member regulation, enforcement, and arbitration functions into National Association of Securities Dealers, Inc. (“NASD”), which then became the Financial Industry Regulatory Authority, Inc. (“FINRA”). Since several of NFA's rules and interpretive notices reference NASD, the amendments replace those references with references to FINRA. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, NFA has prepared statements concerning the purpose of, and basis for, the proposed rule change, burdens on competition, and comments received from members, participants, and others. The text of these statements may be examined at the places specified in Item IV below. NFA has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose Section 15A(k) of the Act 4 makes NFA a national securities association for the limited purpose of regulating the activities of NFA members (“Members”) who are registered as brokers or dealers in security futures products under Section 15(b)(11) of the Act. 5 The amendments replace the references to the NASD with references to FINRA in rules and interpretive notices that apply to Members that are registered as security futures brokers or dealers under Section 15(b)(11). 4 15 U.S.C. 78 *o* -3(k). 5 15 U.S.C. 78 *o* (b)(11). 2. Statutory Basis The rule change is authorized by, and consistent with, Section 15A(k) of the Act. 6 The proposed changes are nothing more than technical amendments to replace references to NASD with references to FINRA. 6 15 U.S.C. 78 *o* -3(k). B. Self-Regulatory Organization's Statement on Burden on Competition The rule change will not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement of Comments on the Proposed Rule Change Received From Members, Participants, or Others NFA did not publish the rule change to the membership for comment. NFA did not receive comment letters concerning the rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The CFTC notified NFA of its determination not to review the proposed rule change. 7 The proposed rule change has become effective on December 17, 2007. 7 *See* Letter, *supra* note 3. Within 60 days of the date of effectiveness of the proposed rule change, the Commission, after consultation with the CFTC, may summarily abrogate the proposed rule change and require that the proposed rule change be refiled in accordance with the provisions of Section 19(b)(1) of the Act. 8 8 15 U.S.C. 78s(b)(1). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-NFA-2007-07 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NFA-2007-07. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of NFA. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NFA-2007-07 and should be submitted on or before February 8, 2008. 9 17 CFR 200.30-3(a)(73). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 9 Florence E. Harmon, Deputy Secretary. [FR Doc. E8-833 Filed 1-17-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57139; File No. SR-NYSE-2008-01] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change Relating to NYSE Rule 129 To Reflect the Changes to the NYSE's Gross FOCUS (Financial and Operational Combined Uniform Single Report) Fee That Commenced on January 1, 2008 Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on January 2, 2008, the New York Stock Exchange LLC (“NYSE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons and is simultaneously approving the proposal on an accelerated basis. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change NYSE proposes to amend, retroactively effective to January 1, 2008, NYSE Rule 129 to reflect the changes to the NYSE's gross FOCUS (Financial and Operational Combined Uniform Single Report) fee that commenced on that date. The text of the proposed rule change is available on the Exchange's Web site ( *http://www.nyse.com* ), at the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the NYSE included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The NYSE has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to amend, retroactively effective to January 1, 2008, NYSE Rule 129 to reflect the reduction in gross FOCUS fees that will be charged to member organizations after that date. In connection with the transfer of certain NYSE Regulation, Inc. (“NYSE Regulation”) functions to the Financial Industry Regulatory Authority, Inc. (“FINRA”), the Exchange filed with the Commission to reduce its gross FOCUS fees by 75%, effective January 1, 2008. 3 That proposal was effective on filing with the Commission. 3 *See* Securities Exchange Act Release No. 56181 (August 1, 2007), 72 FR 44206 (August 7, 2007) (SR-NYSE-2007-70) (“Release No. 34-56181”). As noted in that filing, the Exchange currently charges its member organizations a fee of $0.42 per $1,000 of gross revenues as reported by each member organization in its FOCUS report, 4 subject to minimum annual fees of $180.00 for member organizations that do not conduct a public business, $1,000 for introducing firms, and $2,000 for carrying firms and specialists. The Exchange allocates the FOCUS fees to NYSE Regulation to fund its performance of its regulatory activities with respect to member organizations. 4 FOCUS (Securities Exchange Act Form X-17A-5) is an acronym for Financial and Operational Combined Uniform Single Report. The report is filed periodically with the Commission pursuant to Securities Exchange Act Rule 17a-5, 17 CFR 240.17a-5. Because FINRA now performs a substantial portion of the regulatory activities for NYSE member organizations, for the period July 31, 2007 through the end of 2007, the Exchange agreed to pay FINRA 75% of the gross FOCUS fees paid to the Exchange. Beginning January 1, 2008, the Exchange reduced its FOCUS fees, including the minimum fees, by 75%. NYSE Rule 129 sets forth the gross FOCUS fee schedule and minimum annual fees, as described above. Because those fees were reduced effective January 1, 2008, to reflect those changes, the Exchange proposes to amend the text of NYSE Rule 129 to set forth the revised fee schedule, retroactively effective to January 1, 2008. 2. Statutory Basis The Exchange states that the basis under the Act for this proposed rule change is the requirement under section 6(b)(5) 5 that an Exchange have rules that are designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, to protect investors and the public interest. 5 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has neither solicited nor received written comments on the proposed rule change. III. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-NYSE-2008-01 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSE-2008-01. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the NYSE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSE-2008-01 and should be submitted on or before February 8, 2008. IV. Commission Findings The Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange 6 and, in particular, the requirements of section 6 of the Act. 7 Specifically, the Commission finds that the proposed rule change is consistent with section 6(b)(5) of the Act, 8 which requires, among other things, that the rules of a national securities exchange be designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. The Commission also finds that the proposal is consistent with section 6(b)(4) of the Act, 9 which requires the equitable allocation of reasonable dues, fees, and other charges among the Exchange's members and issuers and other persons using its facilities. The Commission believes that the proposed rule change to amend NYSE Rule 129 to incorporate the reduced gross FOCUS fees is appropriate and consistent with the Act. 6 In approving this proposed rule change the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 7 15 U.S.C. 78f. 8 15 U.S.C. 78f(b)(5). 9 15 U.S.C. 78f(b)(4). The Commission finds good cause to approve the proposal prior to the thirtieth day after the proposal was published for comment in the **Federal Register** . This approval allows the NYSE to immediately update its rule to accurately reflect the revised gross FOCUS fees. The proposal to reduce the gross FOCUS fees was already published for comment, 10 the Commission received no comments on the earlier proposal, and interested persons were provided the opportunity to submit comments on an essentially identical proposal. For these reasons, the Commission finds good cause, consistent with section 19(b)(2) of the Act, to grant accelerated approval to the proposal. 10 *See* Release No. 34-56181, *supra* note 3. V. Conclusion *It is therefore ordered,* pursuant to section 19(b)(2) of the Act, that the proposed rule change (SR-NYSE-2008-01) is hereby approved on an accelerated basis. 11 11 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 12 12 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-832 Filed 1-17-08; 8:45 am] BILLING CODE 8011-01-P UNITED STATES SENTENCING COMMISSION Sentencing Guidelines for United States Courts AGENCY: United States Sentencing Commission. ACTION: Notice of a temporary, emergency amendment to sentencing guidelines and commentary. SUMMARY: Pursuant to section 5(c) of the Emergency and Disaster Assistance Fraud Penalty Enhancement Act of 2007, Public Law 110-179, the Commission hereby gives notice of a temporary, emergency amendment to the sentencing guidelines and commentary. This notice sets forth the temporary, emergency amendment and the reason for amendment. DATES: The Commission has specified an effective date of February 6, 2008, for the emergency amendment. FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Affairs Officer, Telephone:
(202)502-4590. SUPPLEMENTARY INFORMATION: The Commission must promulgate a temporary, emergency amendment to implement the directive in section 5(c) of the Emergency and Disaster Assistance Fraud Penalty Enhancement Act of 2007, Public Law 110-179, by February 6, 2008. The statutory deadline for the promulgation of the temporary, emergency amendment, in conjunction with the Commission's public meeting schedule (the promulgation of such amendments must occur in a public meeting), made it impracticable to publish a proposed temporary, emergency amendment in the **Federal Register** in order to provide an opportunity for public comment, and to publish the promulgated amendment not less than 30 days before the effective date. The Commission therefore had good cause not to publish a proposed amendment before promulgation of the amendment and not to publish the promulgated amendment 30 days or more before the specified effective date of the amendment. *See* 5 U.S.C. 553(b), (d)(3). The temporary, emergency amendment set forth in this notice also may be accessed through the Commission's Web site at *http://www.ussc.gov.* Authority: 28 U.S.C. 994(a), (o), (p), (x); section 5(c) of Pub. L. 110-179. Ricardo H. Hinojosa, Chair. 1. *Amendment:* Section 2B1.1(b) is amended by adding at the end the following: “(16) If the offense involved fraud or theft involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with a declaration of a major disaster or an emergency, increase by 2 levels.”. The Commentary to § 2B1.1 captioned “Application Notes” is amended in Note 3 by inserting after the paragraph that begins “(III) Offenses Under 18 U.S.C. 1030.—” the following: “(IV) *Disaster Fraud Cases.* —In a case in which subsection (b)(16) applies, reasonably foreseeable pecuniary harm includes the administrative costs to any federal, state, or local government entity or any commercial or not-for-profit entity of recovering the benefit from any recipient thereof who obtained the benefit through fraud or was otherwise ineligible for the benefit that were reasonably foreseeable.”. The Commentary to § 2B1.1 captioned “Application Notes” is amended by redesignating Notes 15 through 19 as Notes 16 through 20, respectively; and by inserting after Note 14 the following: “15. Application of Subsection (b)(16).—
(A)Definitions.—For purposes of this subsection: `Emergency' has the meaning given that term in 42 U.S.C. 5122.”. `Major disaster' has the meaning given that term in 42 U.S.C. 5122. The Commentary to § 2B1.1 captioned “Background” is amended by adding at the end the following: “Subsection (b)(16) implements the directive in section 5 of Public Law 110-179.”. Appendix A (Statutory Index) is amended by inserting after the line reference to 18 U.S.C. 1039 the following: “18 U.S.C. 1040 2B1.1”. *Reason for Amendment:* This amendment implements the emergency directive in section 5 of the Emergency and Disaster Assistance Fraud Penalty Enhancement Act of 2007, Public Law 110-179. The directive, which requires the Commission to promulgate an amendment under emergency amendment authority by February 6, 2008, directs that the Commission forthwith shall—promulgate sentencing guidelines or amend existing sentencing guidelines to provide for increased penalties for persons convicted of fraud or theft offenses in connection with a major disaster declaration under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or an emergency declaration under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) * * *. Section 5(b) of the Act further requires the Commission to—
(1)Ensure that the sentencing guidelines and policy statements reflect the serious nature of the offenses described in subsection
(a)and the need for aggressive and appropriate law enforcement action to prevent such offenses;
(2)Assure reasonable consistency with other relevant directives and with other guidelines;
(3)Account for any aggravating or mitigating circumstances that might justify exceptions, including circumstances for which the sentencing guidelines currently provide sentencing enhancements;
(4)Make any necessary conforming changes to the sentencing guidelines; and
(5)Assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code. The amendment addresses the directive by creating a two-level enhancement that applies if the offense involved fraud or theft in connection with a declaration of a major disaster or emergency, as those terms are defined in 42 U.S.C. § 5122. In addition, the amendment modifies Application Note 3 to provide that for purposes of determining loss under subsection (b)(1), reasonably foreseeable pecuniary harm includes certain administrative costs in such cases. [FR Doc. E8-889 Filed 1-17-08; 8:45 am] BILLING CODE 2211-01-P SOCIAL SECURITY ADMINISTRATION [Docket No. SSA-2006-0096] Social Security Ruling
(SSR)94-4p; Rescission of SSR 94-4p, Policy Interpretation Ruling; Title II of Social Security Act and Title IV of the Federal Mine Safety and Health Act of 1977: Waiver of Recovery of Overpayments—Notice of Appeal and Waiver Rights—Right to a Pre-Recoupment Oral Hearing Before Waiver Can Be Denied AGENCY: Social Security Administration. ACTION: Notice; correction. SUMMARY: This document contains a correction to the notice of rescission of SSR 94-4p that was published in the **Federal Register** on January 11, 2008 (73 FR 2074). The effective date shown in one place in that notice was incorrect. FOR FURTHER INFORMATION CONTACT: Robin Strauss, Social Insurance Specialist, Social Security Administration, Office of Income Security Programs, 252 Altmeyer Building, 6401 Security Boulevard, Baltimore, MD 21235-6401,
(410)965-7944 for information about this notice. For information on eligibility or filing for benefits, call our national toll-free number, 1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet site, Social Security Online, at http://www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: The notice of rescission of SSR 94-4p that was published on January 11, 2008 (73 FR 2074) shows January 11, 2008 as the effective date in one place and February 11, 2008 in another place. However, this rescission was intended to be coordinated with the effective date of final rules that were also published on January 11, 2008 (73 FR 1970). The effective date of the final rules is February 11, 2008. Therefore, the effective date of the notice of rescission of SSR 94-4p is also February 11, 2008, and SSR 94-4p is obsolete and rescinded as of February 11, 2008. Dated: January 14, 2008. Paul Kryglik, Acting Social Security Regulations Officer. [FR Doc. E8-880 Filed 1-17-08; 8:45 am] BILLING CODE 4191-02-P DEPARTMENT OF STATE [Public Notice: 6065] 60-Day Notice of Proposed Information Collection: Agency Form DS-4127, NEA/PI Online Performance Reporting System (PRS), OMB Control Number 1405-XXXX ACTION: Notice of request for public comments. SUMMARY: The Department of State is seeking Office of Management and Budget
(OMB)approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the **Federal Register** preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995. • *Title of Information Collection:* NEA/PI Online Performance Reporting System (PRS). • *OMB Control Number:* none. • *Type of Request:* New collection. • *Originating Office:* NEA/PI. • *Form Number:* DS-4127. • *Respondents:* Recipients of NEA/PI grants. • *Estimated Number of Respondents:* 70 respondents annually. • *Estimated Number of Responses:* 280 per year. • *Average Hours Per Response:* 20. • *Total Estimated Burden:* 5600 hours per year. • *Frequency:* Quarterly. • *Obligation to Respond:* Required to Obtain or Retain a Benefit. DATE(S): The Department will accept comments from the public up to 60 days from January 18, 2008. ADDRESSES: You may submit comments by any of the following methods: • *E-mail: HibbenBA@state.gov* . • *Mail (paper, disk, or CD-ROM submissions):* Barbara Hibben, Acting Deputy Director, U.S. Department of State, Office of the Middle East Partnership Initiative (NEA/PI), Bureau of Near Eastern Affairs, NEA Mail Room—Room 6258, 2201 C St., NW., Washington, DC 20520. • *Fax:* 202-647-8445 • *Hand Delivery or Courier:* 2430 E St., NW. (23rd and D St., NW.), Navy Hill—SA-4—Central, Second Floor, Washington, DC 20037. You must include the DS form number (if applicable), information collection title, and OMB control number in any correspondence. FOR FURTHER INFORMATION CONTACT: Please direct requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed information collection and supporting documents, to George Wilson, U.S. Department of State, Office of the Middle East Partnership Initiative (NEA/PI), Bureau of Near Eastern Affairs, NEA Mail Room—Room 6258, 2201 C St., NW., Washington, DC 20520, who may be reached on 202-776-8641 or at *wilsongr@state.gov* . SUPPLEMENTARY INFORMATION: We are soliciting public comments to permit the Department to: • Evaluate whether the proposed information collection is necessary for the proper performance of our functions. • Evaluate the accuracy of our estimate of the burden of the proposed collection, including the validity of the methodology and assumptions used. • Enhance the quality, utility, and clarity of the information to be collected. • Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of technology. *Abstract of proposed collection:* Since 2002, MEPI has obligated more than $430 million to over 250 organizations, who carry out more than 370 projects in support of political, economic, education and women's rights reform in 20 countries of the Middle East and North Africa. As a normal course of business and in compliance with OMB Guidelines contained in Circular A-110, recipient organizations are required to provide, and the U.S. State Department required to collect, periodic program and financial performance reports. The responsibility of the State Department to track and monitor the programmatic and financial performance necessitates a database that can help facilitate this in a consistent and standardized manner. The MEPI Performance Reporting System
(PRS)enables enhanced monitoring and evaluation of grants through standardized collection and storage of relevant award elements, such as quarterly progress reports, workplans, results monitoring plans, grant agreements, financial reports, and other business information related to MEPI implementers. The PRS streamlines communication with implementers and allows for rapid identification of information gaps for specific projects. *Methodology:* Information will be entered into PRS electronically by respondents. Non-respondents will submit their quarterly reports on paper. *Additional Information:* Dated: December 20, 2007. Barbara Hibben, Acting Deputy Director, Bureau of Near Eastern Affairs, NEA/PI, Department of State. [FR Doc. E8-901 Filed 1-17-08; 8:45 am] BILLING CODE 4710-31-P DEPARTMENT OF STATE [Public notice: 6064] 60-Day Notice of Proposed Information Collection: U.S. Department of State Driver License and Tax Exemption Card Application; OMB Collection Number 1405-0105; Forms DS-1972, DS-1972D & DS-1972T ACTION: Notice of request for public comments. SUMMARY: The Department of Sate is seeking Office of Management and Budget
(OMB)approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the **Federal Register** preceding submission to OMB. This process is conducted in accordance with the Paperwork Reduction Act of 1995. • *Title of Information Collection:* U.S. Department of State Driver License and Tax Exemption Card Application. • *OMB Control Number:* 1405-0105. • *Type of Request:* Extension of a currently approved collection. • *Originating Office:* Diplomatic Security/Office of Foreign Missions (DS/OFM). • *Form Numbers:* DS-1972, DS-1972D, DS-1972T. • *Respondents:* Foreign government representatives assigned to the United States. • *Estimated Number of Respondents:* 350 foreign missions. • *Estimated Number of Responses:* 21,284 responses (DS-1972: 6,385), (DS-1972D: 4,470), (DS-1972T: 10,249). • *Average Hours Per Response:* DS-1972 (30 minutes), DS-1972D (20 minutes), DS-1972T (15 minutes). • *Total Estimated Burden:* 7,275 hours. • *Frequency:* On occasion. • *Obligation to Respond:* Required to obtain or retain benefits. The Department will accept comments from the public up to 60 days from date of publication in the **Federal Register** . You may submit comments by either of the following methods: • *E-mail: OFMInfo@state.gov.* • *Mail:* U.S. Department of State, Diplomatic Security, Office of Foreign Missions, 2201 C Street, NW., Room 2238, Washington DC, 20520. You must include the DS form number, information collection title, and OMB control number in any correspondence. FOR FURTHER INFORMATION CONTACT: Direct requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed information collection and supporting documents, to Attn: Jacqueline Robinson, Diplomatic Security, Office of Foreign Missions, 2201 C Street, NW., Room 2238, Washington DC, 20520, who may be reached on
(202)647-3416 or *OFMInfo@state.gov* . SUPPLEMENTARY INFORMATION: We are soliciting public comments to permit the Department to: • Evaluate whether the proposed collection of information is necessary for the proper performance of our functions. • Evaluate the accuracy of our estimate of the burden of the proposed collection, including the validity of the methodology and assumptions used. • Enhance the quality, utility, and clarity of the information to be collected. • Minimize the reporting burden on those who are to respond, including through the use of automated collection techniques or other forms of technology. *Abstract of proposed collection:* The forms associated with OMB Collection Number 1405-0105 are means by which foreign missions in the United States request the issuance of a driver license and/or a sales tax exemption card for foreign mission personnel and their dependents. The exemption from sales taxes and the operation of a motor vehicle in the United States by foreign mission personnel are benefits under the Foreign Missions Act, 22 U.S.C. 4301 *et seq.* , which must be obtained by foreign missions through the U.S. Department of State, Office of Foreign Missions (DS/OFM). The DS-1972, DS-1972D, and DS-1972T applications provide OFM with the necessary information required to administer the two benefits effectively and efficiently. Sales tax exemption is enjoyed under the provisions of international law but is granted on the bases of reciprocity. The administration of driver licenses at the national level helps the Federal Government identify operators who repeatedly receive citations. This also helps the Federal Government determine the necessary course of action that may be required against an individual's driving privilege. Accordingly, the Federal Government is able to provide consistency of enforcement to the diplomatic community on a national level through a uniform program. The respondents are foreign government representatives assigned to the United States. *Methodology:* These applications/information collections are submitted by all foreign missions to the Office of Foreign Missions via the following methods: mail, personal delivery, and/or electronically. Dated: December 27, 2007. Claude Nebel, Deputy Assistant Secretary, Bureau of Diplomatic Security, Office of Foreign Missions, Department of State. [FR Doc. E8-904 Filed 1-17-08; 8:45 am] BILLING CODE 4710-43-P DEPARTMENT OF STATE [Public Notice 6063] Bureau of Economic, Energy, and Business Affairs; List of November 8, 2007, of Participating Countries and Entities (Hereinafter Known as “Participants”) Under the Clean Diamond Trade Act of 2003 (Pub. L. 108-19) and Section 2 of Executive Order 13312 of July 29, 2003 AGENCY: Department of State. ACTION: Notice. SUMMARY: In accordance with sections 3 and 6 of the Clean Diamond Trade Act of 2003 (Public Law 108-19) and section 2 of Executive Order 13312 of July 29, 2003, the Department of State is identifying all the Participants eligible for trade in rough diamonds under the Act, and their respective Importing and Exporting Authorities, and revising the previously published list of August 31, 2007 (Volume 72, Number 169, page 50436-7) to include Republic of Congo. FOR FURTHER INFORMATION CONTACT: Sue Saarnio, Special Advisor for Conflict Diamonds, Bureau of Economic and Business Affairs, Department of State
(202)647-1713. SUPPLEMENTARY INFORMATION: Section 4 of the Clean Diamond Trade Act (the “Act”) requires the President to prohibit the importation into, or the exportation from, the United States of any rough diamond, from whatever source, that has not been controlled through the Kimberley Process Certification Scheme (KPCS). Under section 3(2) of the Act, “controlled through the Kimberley Process Certification Scheme” means an importation from the territory of a Participant or exportation to the territory of a Participant of rough diamonds that is either
(i)carried out in accordance with the KPCS, as set forth in regulations promulgated by the President, or
(ii)controlled under a system determined by the President to meet substantially the standards, practices, and procedures of the KPCS. The referenced regulations are contained at 31 CFR Part 592 (“Rough Diamonds Control Regulations”) (69 FR 56936, September 23, 2004). Section 6(b) of the Act requires the President to publish in the **Federal Register** a list of all Participants, and all Importing and Exporting Authorities of Participants, and to update the list as necessary. Section 2 of Executive Order 13312 of July 29, 2003 delegates this function to the Secretary of State. Section 3(7) of the Act defines “Participant” as a state, customs territory, or regional economic integration organization identified by the Secretary of State. Section 3(3) of the Act defines “Exporting Authority” as one or more entities designated by a Participant from whose territory a shipment of rough diamonds is being exported as having the authority to validate a Kimberley Process Certificate. Section 3(4) of the Act defines “Importing Authority” as one or more entities designated by a Participant into whose territory a shipment of rough diamonds is imported as having the authority to enforce the laws and regulations of the Participant regarding imports, including the verification of the Kimberley Process Certificate accompanying the shipment. List of Participants Pursuant to section 3 of the Clean Diamond Trade Act (the Act), section 2 of Executive Order 13312 of July 29, 2003, and Delegation of Authority No. 294 (July 6, 2006), I hereby identify the following entities as of November 8, 2007, as Participants under section 6(b) of the Act. Included in this List are the Importing and Exporting Authorities for Participants, as required by section 6(b) of the Act. This list revises the previously published list of August 31, 2007 (Volume 72, Number 169 50436-7). Angola—Ministry of Geology and Mines. Armenia—Ministry of Trade and Economic Development. Australia—Exporting Authority—Department of Industry, Tourism and Resources; Importing Authority—Australian Customs Service. Bangladesh—Ministry of Commerce. Belarus—Department of Finance. Botswana—Ministry of Minerals, Energy and Water Resources. Brazil—Ministry of Mines and Energy. Canada—Natural Resources Canada. Central African Republic—Ministry of Energy and Mining. China—General Administration of Quality Supervision, Inspection and Quarantine. Democratic Republic of the Congo—Ministry of Mines. Republic of Congo—Ministry of Mines. Croatia—Ministry of Economy. European Community—DG/External Relations/A.2. Ghana—Precious Minerals and Marketing Company Ltd. Guinea—Ministry of Mines and Geology. Guyana—Geology and Mines Commission. India—The Gem and Jewellery Export Promotion Council. Indonesia—Directorate General of Foreign Trade of the Ministry of Trade. Israel—The Diamond Controller. Ivory Coast—Ministry of Mines and Energy. Japan—Ministry of Economy, Trade and Industry. Republic of Korea—Ministry of Commerce, Industry and Energy. Laos—Ministry of Finance. Lebanon—Ministry of Economy and Trade. Lesotho—Commissioner of Mines and Geology. Liberia—Ministry of Lands, Mines and Energy. Malaysia—Ministry of International Trade and Industry. Mauritius—Ministry of Commerce. Namibia—Ministry of Mines and Energy. New Zealand—Ministry of Foreign Affairs and Trade. Norway—The Norwegian Goldsmiths' Association. Russia—Gokhran, Ministry of Finance. Sierra Leone—Government Gold and Diamond Office. Singapore—Singapore Customs. South Africa—South African Diamond Board. Sri Lanka—National Gem and Jewellery Authority. Switzerland—State Secretariat for Economic Affairs. Taiwan—Bureau of Foreign Trade. Tanzania—Commissioner for Minerals. Thailand—Ministry of Commerce. Togo—Ministry of Mines and Geology. Turkey—Istanbul Gold Exchange. Ukraine—State Gemological Centre of Ukraine. United Arab Emirates—Dubai Metals and Commodities Center. United States of America—Importing Authority—United States Bureau of Customs and Border Protection; Exporting Authority—Bureau of the Census. Venezuela—Ministry of Energy and Mines. Vietnam—Ministry of Trade. Zimbabwe—Ministry of Mines and Mining Development. This notice shall be published in the **Federal Register** . John D. Negroponte, Deputy Secretary of State, Department of State. [FR Doc. E8-900 Filed 1-17-08; 8:45 am] BILLING CODE 4710-07-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Approval of Finding of No Significant Impact (FONSI) on a Short Form Environmental Assessment (EA); Abraham Lincoln Capital Airport; Springfield, IL AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of Approval of Documents. SUMMARY: The Federal Aviation Administration
(FAA)is issuing this notice to advise the public of the approval of a Finding of No Significant Impact (FONSI) on an Environmental Assessment for proposed Federal actions at Abraham Lincoln Capital Airport, Springfield, Illinois. The FONSI specifies that the proposed federal actions and local development projects are consistent with existing environmental policies and objectives as set forth in the National Environmental Policy Act of 1969 and will not significantly affect the quality of the environment. A description of the proposed Federal actions is:
(a)To issue an environmental finding to allow approval of the Airport Layout Plan
(ALP)for the development items listed below. The items in the local airport development project are to: Acquire approximately 40 acres of residential land in fee simple title, including relocation assistance; demolish residential structures on acquired property; construct, light, and mark 1,000-foot northwesterly extension to Taxiway Bravo and connecting taxiway, including grading and drainage; clear and grub taxiway construction area; obtain borrow for Taxiway Bravo extension; implement declared distance concepts for Runway 13/31 to increase the usable length from 7,000 feet to a maximum usable length of 7,400 feet, including remarking; remove obstructions in Runway 13 approach; install/replace runway signage for Runway 13 Precision Approach Path Indicator (PAPI); relocate Runway 13 windcone; replace existing Medium Intensity Runway Lights (HIRLs) with High Intensity Runway Lights (HIRLs) on Runway 13/31; relocate Runway 31 windcone out of the Runway Safety Area; adjust vertically the Runway 31 Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR) threshold bar; install new Runway 13/31 homeruns; construct 200-foot by 200-foot blast pad to Runway 31; replace Runway 13/31 surface sensor system; upgrade airfield vault regulators; upgrade Airport Traffic Control Tower
(ATCT)airfield lighting control system; and replace airport rotating beacon. Copies of the environmental decision and the Short Form EA are available for public information review during regular business hours at the following locations: 1. Abraham Lincoln Capital Airport, 1200 Capital Airport Drive, Springfield, IL 62707. 2. Division of Aeronautics-Illinois Department of Transportation, One Langhorne Bond Drive, Capital Airport, Springfield, IL 62707. 3. Federal Aviation Administration, Chicago Airports District Office, 2300 East Devon Avenue, Room 320, Des Plaines, Illinois 60018. FOR FURTHER INFORMATION CONTACT: Amy B. Hanson, Environmental Protection Specialist, Federal Aviation Administration, Chicago Airports District Office, Room 320, 2300 East Devon Avenue, Des Plaines, Illinois 60018. Ms. Hanson can be contacted at
(847)294-7354 (voice),
(847)294-7046 (facsimile) or by E-Mail at *amy.hanson@faa.gov.* Issued in Des Plaines, Illinois on December 21, 2007. James G. Keefer, Manager, Chicago Airports District Office, FAA, Great Lakes Region. [FR Doc. 08-166 Filed 1-17-08; 8:45 am]
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U.S. Code
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CFR
register
8 references not yet in our index
- Pub. L. 92-463
- 15 CFR 2007
- 17 CFR 240.19
- 15 USC 78
- 17 CFR 240.17
- Pub. L. 110-179
- Pub. L. 108-19
- 31 CFR 592
Citation graph
cites case law
Notices
Notice of availability of proposed records schedules; request for comments
Pub. L.Pub. L. 92-463
Cite15 CFR 2007
Cite17 CFR 240.19
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